In re Carter
New York Court of Chancery
The petition in this case stated among other things, that in 1822, R. Carter was found to be an habitual drunkard, and incapable of conducting his own affairs, and that B. Eldridge was appointed his committee. That Carter at that time owned a house and lot, on which the committee held a mortgage, executed a few months before, and that he was also possessed of a large personal estate.
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The petition in this case stated among other things, that in 1822, R. Carter was found to be an habitual drunkard, and incapable of conducting his own affairs, and that B. Eldridge was appointed his committee. That Carter at that time owned a house and lot, on which the committee held a mortgage, executed a few months before, and that he was also possessed of a large personal estate. That the committee had neglected to keep any account, or to file any inventory of Carter’s estate ; that he had kept the monies and proceeds of the estate mingled with his own, and had wasted the estate; and that…
1Opinion of the Court
The Chancellor.
There has been very great irregularity in conducting the pro-eedings in this case, which it is'impossible now to correct. The formal answer filed to the petition was wholly irregular and unauthorized; and the statements therein cannot be received as evidence in favor of the committee, although they may be considered as directly responsive to the allegations in the petition. The order of the court authorized the petitioners to examine the committee, on oath, before the master. And so far as he has responded to the interrogatories put to him by the counsel of the petitioners on…
2Cited by2 opinions
- Hynes v. McCreeryNew York Surrogate's Court · 1882
- Stephens v. MarshallNew York Supreme Court · 1881